Intent

Question 1

Intent - Introduction

Answer 1

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 2

Define Deliberate Act

Answer 2

“Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

An example of this is section 2, Crimes Act 1961, where the definition of assault “means the act of intentionally applying or attempting to apply force….” For instance, a person intends to strike the victim with their fist on the right side of the face above the eye.

Question 3

Define Intent to Produce a Result

Answer 3

The second type of intent is an intent to produce a specific result In this context result means “aim, object, or purpose”.8

An example of this is section 228(1)(b), Crimes Act 1961, where “Everyone is liable … who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration …” While the offender deliberately intends to commit the act by using a document, their intention is also to obtain a specific result, in this case, any one of the elements specified in this section.

Question 4

Proving Intent

Answer 4

In R v Collister9 two Police officers were charged with demanding with menaces after causing a man to believe he would be arrested for soliciting homosexual acts unless he paid them money. Although no express demand for money was made, it was held that the defendants’ intent could be inferred from the circumstances.

Circumstantial evidence from which an offender’s intent may be inferred can include:
 the offender’s actions and words before, during and after the event
 the surrounding circumstances
 the nature of the act itself.